Many states require that subrogation carriers demand the insured’s deductible as part of a pre-suit subrogation demand. For example, in California the Insurance Code requires that subrogating carriers include the insured’s deductible in any demand to a third party tortfeasor, and share subrogation recoveries on a proportionate basis with the insured, unless the insured already...
Can a landlord’s insurer subrogate against a negligent tenant in Indiana? Before answering, be sure you are aware of recent caselaw in Indiana on the issue. Indiana Courts have addressed this issue two times, and their recent decision confirms that courts in Indiana are to look at the individual facts of the case and the...
After indignantly waving their tariff in your face, electric utilities are quick to claim "lack of notice" when confronted with claims alleging that an electrical malfunction in the utility’s wiring and equipment caused a fire at your insured’s property. Many times, this defense deters further recovery efforts. But a thorough investigation of the utility’s pre-loss...
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Cozen O’Connor’s subrogation and recovery attorneys handle more substantial property damage and other first-party subrogation claims than any other law firm in the United States, operating from our 24 offices situated strategically in major population centers across the country, as well as internationally in London and Toronto. These claims typically arise from casualties such as...
Click here to visit the Subrogation and Recovery section on the Cozen O’Connor web site. For more information about the BLOG or topics, please contact: Howard D. Maycon 800.563.1027 hmaycon@cozen.com or use the form below. About The Author
Established in 1970, and ranked among the 100 largest law firms in the United States, Cozen O’Connor’s 550 attorneys help clients manage risk and make better business decisions. The firm counsels clients on their most sophisticated legal matters in all areas of the law, including litigation, corporate and regulatory law. We represent a broad array...
